Interlegal enforced successfully the Russian Arbitration Award at the territory of Moldova
27 December, 2016
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There was a dispute between the European forwarding company and his subcontractor, Moldovian automobile carrier who did not duly fulfill his contractual obligations under the carriage contract.
The forwarder applied to the Arbitration (Commercial) court of Moscow, Russian Federation, in compliance with the contract jurisdiction and received an award fully in his favour. The debtor did not fulfilled the award on voluntarily basis so the Forwarder was forced to apply for recognition and enforcement of the award against the debtor in Moldova.
Experts of Interlegal, jointly with the Moldova associated office, completed successfully the proceedings upon recognition and enforcement of the Russian Court Award at the territory of Moldova against the Moldovian carrier.
As per the Moldovian legislation the procedure of recognition and enforcement of the foreign court award is considered by the local Court of the first instance. After consideration of the case, the first instance court in Kishinev declined the petition of the Claimant because of non-compliance with the rules established by law for the form of such petitions and supported documents provided.
Moldova associated office of Interlegal appealed on behalf of the Claimant on the grounds that the form of the petition was duly met, and the discrepancy in the local court’s considerations arose due to the misunderstanding of the status of the award and the court who issued it. The problem was that the first instance court wrongly decided that that the award presented for recognition and enforcement was of the Arbitration Institution. Thus, the court confused the name of the state Arbitration court of Russian Federation which is the state Commercial Court by its status and nature with the International Arbitration Institution and so applied the rules provided by the law for the recognition and enforcement of the international arbitration awards.
Upon the presented grounds elaborated by Interlegal and its Moldova associated office, the appeal instance duly examined the case and found that the petition and the supported documents were presented in due form provided in respect of foreign state court award recognition and enforcement.
The appeal court allowed the appeal fully in favour of Interlegal’s client.
Basing on the obtained decision of the appeal instance Interlegal successfully enforced it against the debtor.
The debt in amount of 90000 US dollars was remitted in full to the Client’s account.
